Published Article

War Stories, Lawyer-to-Lawyer Consultations, and Listservs: Great Tools or Ethical Traps?

February 9, 2023

Discussing current cases, exchanging war stories, or recounting past experiences on a listserv can have ethical ramifications.

Technological advances have allowed lawyers to increase their online presence and engagement through social media and other means of online communication. Recently, there has been an increase in legal listservs allowing lawyers to communicate directly with each other, whether based on practice area, geographic location, or bar membership.

A listserv is a closed-end email list. Members send emails to the entire group, and readers can respond. A lawyer’s participation in listservs can be an invaluable resource for gaining insight about and knowledge into new subject matters; however, caution should be exercised because discussing current cases, exchanging war stories, or recounting past experiences on a listserv can have ethical ramifications that risk violating the duty of confidentiality that lawyers have to their clients.

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